Why Do Car Accident Lawsuits Take So Long?

One of the most frustrating parts of a serious injury case is waiting.

The good news is that most Louisiana car accident claims are resolved without ever having to file a lawsuit. In many cases, the insurance company accepts responsibility, the injured person completes treatment, and the parties are able to reach a fair resolution through negotiation.

Unfortunately, that is not always the case.

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Sometimes a lawsuit becomes necessary because the insurance company disputes fault, disagrees about the value of the claim, or because the injured person is still receiving medical treatment and it becomes necessary to protect important legal deadlines by filing suit.

Although Louisiana recently extended the prescriptive period for most personal injury claims from one year to two years for accidents occurring on or after July 1, 2024, there are still many situations where filing suit before treatment is complete becomes necessary to protect a client's rights. Accidents occurring before that date generally remain subject to Louisiana's former one-year prescriptive period.

For someone who has missed work, fallen behind on bills, or is struggling financially after a serious injury, those delays can be incredibly frustrating.

At Flattmann Law, we try to ease some of that frustration by keeping our clients informed throughout the process. Even when delays occur, understanding why they happen and what steps are being taken can make the waiting a little easier.

Insurance Companies Are Usually Under No Pressure to Move Quickly

One reality of litigation is that insurance companies and injured individuals often experience delays very differently.

Large insurance companies have substantial financial resources and typically manage thousands of claims at any given time. Injured individuals, on the other hand, may be dealing with lost wages, medical expenses, and uncertainty about the future.

As time passes, financial pressure can increase for an injured person, which sometimes creates additional motivation to settle a claim before it is fully ready to be resolved.

That is one reason preparation and patience can be so important in serious injury cases.

Waiting for Jury Trials

In Louisiana, many serious car accident lawsuits are tried before juries rather than judges alone.

Several years ago, Louisiana lowered the amount in controversy required to request a jury trial from $50,000 to $10,000. As a result, many more personal injury cases became eligible for jury trials than in years past.

At the same time, district courts have a limited number of jury trial weeks available each year.

Criminal jury trials also generally receive priority over civil trials, which means even significant injury cases may wait months or years before finally reaching a courtroom.

Discovery Takes Time

After a lawsuit is filed, the legal process moves into a phase called discovery.

Discovery involves exchanging documents, answering written questions, collecting medical records, obtaining expert opinions, and taking depositions from parties, witnesses, doctors, and other professionals involved in the case.

Coordinating schedules for multiple attorneys, parties, physicians, and expert witnesses can be surprisingly difficult.

If you've ever tried organizing a family gathering or coordinating several busy schedules for dinner, you already understand the challenge.

Now imagine doing that with six lawyers and three physicians.

Court Calendars Create Additional Delays

Even after discovery is complete and a case is ready for trial, delays can still happen.

A witness may become unavailable. A party may become ill. Another trial may take longer than expected and occupy the court's calendar.

Sometimes cases that are fully prepared for trial simply have to wait for an available courtroom.

While these delays can be frustrating, they are often an unavoidable part of litigation.

What We Do to Keep Cases Moving

At Flattmann Law, sitting still is not in our DNA.

Before filing suit, we carefully consider where a lawsuit should be filed and whether state or federal court may be the better option depending on the circumstances of the case.

Federal courts sometimes move more quickly because they operate under stricter scheduling orders and deadlines. In the right case, that can be an advantage.

In state court, we typically seek scheduling conferences and trial dates as early as possible so that the case has a place on the court's calendar.

We also work hard to complete discovery promptly and make sure the insurance company has the information it needs to fairly evaluate the case throughout the litigation process.

Our philosophy is simple: if a case can be resolved fairly, we want the insurance company to have every opportunity to do so. If not, we continue moving toward trial.

Have You Been Seriously Injured and Wondering How Long Your Case May Take?

If you've been seriously injured in a Louisiana car accident and have questions about the litigation process, we would be happy to discuss your case and explain what to expect.

Call our office at 985-590-6182 for a free and confidential consultation.

We represent clients throughout St. Tammany Parish, Tangipahoa Parish, Washington Parish, and communities across the Northshore including Covington, Mandeville, Slidell, Hammond, and Madisonville.